Failure to register is punishable by fines up to $5,000 and/or imprisonment up to six months and failure to carry proof of registration is punishable by fines up to $5,000 and/or imprisonment up to 30 days.
The Department of Homeland Security (DHS) has now implemented a mandatory registration process, called the "Alien Registration Requirement," for those foreign nationals not already registered. The interim final rule introducing the new registration Form G-325R for biographic information also reminds every registered foreign national 18 years of age or older that they must carry proof of their registration. Lawful permanent residents (green card holders), most individuals who have entered the U.S. under a valid nonimmigrant visa and those who have an employment authorization document (EAD) are already considered registered for purposes of this rule.
Parents are required to register their children under the age of 14 who are not already registered. Children who turn 14 years old while in the United States must reregister within 30 days of their 14th birthday.
Key Takeaways
- Green card holders, those lawfully admitted as nonimmigrant workers and those issued EADs are already considered registered.
- The groups of people most affected by the new registration
process are:
- Foreign nationals who have entered the United States without inspection;
- Children who are turning 14; and
- Canadian nonimmigrants for business or pleasure not issued a Form I-94 who are staying longer than 30 days.
- Unregistered children under 14 must be registered by their parents in most circumstances.
- Children who turn 14 must register themselves within 30 days of their birthday. For those with green cards, that means filing Form I-90. For those on nonimmigrant visas, that means filing Form G-325R.
- Everyone 18 years of age or older who is required to register is also required to carry proof of status/registration.
- Individuals who have entered without inspection face risks related to registration, including the risk of detention and removal from the United States, and should consult with counsel before registering.
Below is a more comprehensive list of noncitizens who are considered to have already registered:
- Lawful permanent residents (green card holders);
- People admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
- All people present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
- People issued an EAD;
- People paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
- People whom DHS has placed into removal proceedings;
- People who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698 or I-700 and provided fingerprints (unless waived), even if the applications were denied; and
- People issued Border Crossing Cards.
Steps to Register Using the New Form G-325R
- Create an online USCIS account at my.uscis.gov. (Parents of minor children must create separate accounts for each child under 14.)
- Complete and submit Form G-325R.
- Attend a biometrics appointment at a USCIS Application Support Center.
- Receive a "proof of alien registration" document.
The proof of alien registration document counts as proof of registration. The following are some examples of common documents that confirm registration:
- I-94 (arrival-departure record)
- I-181, Memorandum of Creation of Record of Lawful Permanent Residence—noncitizens presumed to be lawfully admitted
- I-185, Nonresident Alien Canadian Border Crossing Card—citizens of Canada or British subjects residing in Canada
- I-186, Nonresident Alien Mexican Border Crossing Card—citizens of Mexico residing in Mexico
- I-221, Order to Show Cause and Notice of Hearing—people against whom deportation proceedings are being instituted
- I-485, Application for Status as Permanent Resident
- I-551, Permanent Resident Card—lawful permanent residents of the United States
- I-590, Registration for Classification as Refugee
- I-687, Application for Status as a Temporary Resident
- I-691, Notice of Approval as a Temporary Resident
- I-698, Application to Adjust Status from Temporary to Permanent Resident
- I-700, Application for Status as a Temporary Resident
- I-766, EAD—people with work permits
- I-817, application for voluntary departure Under the Family Unity Program
Failure to register is punishable by fines up to $5,000 and/or imprisonment up to six months and failure to carry proof of registration is punishable by fines up to $5,000 and/or imprisonment up to 30 days.
It is important to note that for individuals who are undocumented in the United States, there are risks related to registration, including the risk of detention and removal from the U.S. For individuals who are in the U.S. and are undocumented, consultation with counsel prior to registration is advisable.
For More Information
If you have any questions about this Alert, please contact any of the attorneys in our Immigration Law Group or the attorney in the firm with whom you are regularly in contact.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.
